GANGADHAR Vs. SHRI HANUMANGADI REGISTERED TRUST

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Plaintiff-Respondent Shri Hanumangadi Registered Trust filed a suit for possession and damages in respect of disputed, property against the defendant-appellant pleading therein that the defendant was son of its ex-pujari, Shri Gauri Shankar and disputed property was given to him as licensee. Now, they have terminated his license, therefore, he is trespasser and the plaintiff is entitled to get possession of the disputed property. Suit was contested by the defendant on the ground that he is not a licensee of the disputed property, but he is residing there since his birth. Trial Court framed five issues. Thereafter, three issues were further framed. Issue No. 1 was whether the defendant took the disputed property as a licensee from the plaintiff. Issue No. 5(B) was whether the plaintiff has cancelled the license of the defendant vide notice dated 03.06.1981 and it had an authority to do it or not. Trial Court after considering oral and documentary evidence available on record decided both the issues in favour of the plaintiff and passed a decree of possession and damages.

(3.) Being aggrieved with the same, the defendant preferred regular first appeal, which was dismissed by first appellate Court vide judgment and decree dated 21.01.2010. Thereafter, present second appeal has been preferred by the defendant.